The Appellate Division on Sunday scrapped the High Court verdict on quota in government job and ordered a 7 per cent quota — 5 per cent for the children of freedom fighters, 1 per cent for national minorities, and 1 per cent for people with disabilities and third genders.
The seven-member full bench, headed by the chief justice Obaidul Hassan, also asked the Cabinet Division to issue a notification on the new quotas in the official gazette with immediate effect.
Law minister Anisul Huq told journalists that the government would issue the gazette notification on the ratio of quotas as per the verdict on Tuesday.
‘The government, if necessary, can cancel, amend or reform the quotas fixed by the court,’ said the court in the operative part of the verdict, which was pronounced in a crowded courtroom amid the curfew at 1:30pm.
The Appellate Division delivered the verdict after advancing the hearing of two petitions against the High Court verdict to July 21 from August 7.
Ìý
5pc quota for children of FFs
1pc quota for national minorities
1pc quota for people with disabilities, third genders
HC verdict on quota cancelled
Students urged to return to classesÌý
Quota for women, backward districts dropped
Ìý
Prime minister Sheikh Hasina on July 18 assured the protesters that they would get justice in the Appellate Division judgement.
The judgement came up in two petitions — one filed by the cabinet secretary on June 9 seeking permission to appeal against the High Court verdict and the other by two Dhaka University students on July 9 seeking reform of quota system amid countrywide student movement.
The court on Sunday heard and disposed of only the quota case from 10:30am to 1:30pm before the chief justice pronounced the verdict.
As senior lawyer Sara Hossain questioned the court proceedings during curfew, the chief justice said that the Supreme Court decided to operate on Sunday to only hear urgent matters amid the curfew that was initially scheduled to remain in effect until 10:00am.Ìý
A large number of police and paramilitary forces in uniform and plainclothes were deployed in and around the court compound while military personnel remained standby on the court boundary with armoured vehicles.
Only lawyers and journalists were allowed inside the courtroom after a check in at least five check posts.ÌýÌý
The Appellate Division cancelled the High Court’s June 5 verdict that had asked the government to restore the 30 per cent quota for descendants of freedom fighters following 2013 Appellate Division’s verdict.
The High Court verdict had also asked the government to maintain quota for district, women, tribal, physically challenged people through a notification as soon as possible, preferably within three months.
The Sunday’s verdict of Appellate Division also scrapped a 2012 High Court verdict relating to reservation of quotas for the descendants of freedom fighters.
The Appellate Division also declared its own verdict in 2013 that had asked the government to maintain 30 quotas for the children of freedom fighters ‘dysfunctional’ considering the ‘existing situation.’
‘Though determination of the quotas is a matter of government’s policy discretion, the court determined the quotas of jobs in all government institutions considering the existing reality, logical reasons, equality, and exercising its inherent power under Article 104 of the constitution for ensuring complete justice,’ the Appellate Division observed.
The chief justice said that the court expected the agitating students would withdraw their movement following the apex court’s verdict on quota.
He said that the Appellate Division on July 10 ordered status-quo on the High Court’s verdict for four weeks to make recruitments without maintaining quota but the students continued their movement without understanding the order properly.ÌýÌýÌýÌýÌý
The chief justice urged the agitating students again to return to their classes, asked all vice-chancellors and heads of all educational institutions to take initiative in this regard.
The court also asked the government to create atmosphere for education, asking it to cooperate an Inquiry Commission, headed by Justice Khandaker Diliruzzaman, formed to investigate killings of students.Ìý
Nearly 150 people, including many students, were killed in five days as student protests turned violent following an attack on protesters by student wing of the ruling Awami League, Bangladesh Chhatra League, on July 15.ÌýÌýÌý
Attorney general AM Amin Uddin, appearing for the government, argued for nearly one hour seeking the cancelation of the High Court verdict, stating that it was the government, not the court, would determine the quotas.ÌýÌýÌý
‘The court cannot act as advisers of the executive in policy matters,’ he added.
Pro-Awami League lawyer Md Munsurul Hoque Chowdhury, appearing for the children of freedom fighters, argued for maintaining the 30 per cent quota to show respect to the freedom fighters.ÌýÌýÌý
Two students’ lawyer Shah Monjurul Hoque, and senior lawyers Sheikh Hassan Ariff, Zainul Abedin, ZI Khan Panna, Sara Hossain, Tania Amir, Eunus Ali Akond, Mahbub Uddin Khokan, Ahsanul Karim and Tanjib-ul Alam, accepted the attorney general’s arguments.
As pro-Bangladesh Nationalist Party lawyer AM Mahbub Uddin Khokon argued that the number of killings in quota reform movement might have been avoided if the government had settled the case earlier, the chief justice rebuked him for making ‘political statement.’ÌýÌýÌýÌý
Attorney general Amin Uddin on Thursday told reporters that Appellate Division would hear two quota petitions on Sunday and that they were expecting the court to deliver the verdict on the same day.
He said that the Appellate Division chamber judge on July 18 advanced the date of hearing to July 21 from the previously scheduled date of August 7 through special arrangements during the courts’ vacation, following an instruction to the attorney general from law minister Anisul Huq.
Prime minister Sheikh Hasina during her address to the nation on July 18 urged the student protesters to keep patient until the Appellate Division delivered its verdict.
She said that she believed the students would get justice.ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý
Later Awami League’s general secretary Obaidul Quader told reporters that there would be a government submission to the court for retaining 20 per cent quotas in government jobs.
Some representatives from students’ protesters after meeting with law minister Anisul Huq and education minister Muhibul Hassan Chowdhoury at a state guest house midnight past Friday demanded no more than five percent quota in the government jobs.ÌýÌýÌýÌýÌý
The cabinet division issued a circular on October 4, 2018 abolishing all quotas in the public service jobs in the wake of street protests by the public university students and jobseekers, demanding reforms to the quota system introduced in 1972.
Until the abolition, nearly 56 per cent of government jobs were reserved for candidates from various quotas—30 per cent for freedom fighters’ children and grandchildren, 10 per cent for women, 10 per cent for people of underdeveloped districts, 5 per cent for members of national minorities, and 1 per cent for physically challenged people.
On November 5, 1972, the then government through an executive order introduced 30 per cent quota for freedom fighters and 10 per cent for women in the jobs at the government, semi-government, defence and nationalised institutions.
The High Court verdict, which was pronounced on June 5, prompted students and jobseekers to take to the street across the country from July 1.
The cabinet secretary on July 16 filed a regular petition with the Appellate Division seeking permission to appeal against the High Court verdict that had asked the government to maintain the quotas.
An Appellate Division bench, chaired by chief justice Obaidul Hassan on July 10, issued the status quo on the High Court verdict for four weeks, asking the government to file a regular petition seeking permission to appeal against it by August 7.
It also adjourned until August 7 hearing of the two provisional petitions of the government and two students.
The chief justice, earlier on July 4, refused to stay the High Court verdict on quota maintenance, stating that the Supreme Court verdict could not be changed under pressure of a street movement.
Earlier on June 9, the Appellate Division’s chamber, after hearing the government petition, refused to stay the High Court verdict and set a full court’s hearing on July 4 on the grounds that the High Court verdict was not published at that time.ÌýÌýÌýÌýÌýÌýÌýÌýÌý
The High Court on July 14 published its 27-page full verdict on the quota system.
The court in a short verdict on June 5 declared illegal a government circular issued on October 4, 2018, abolishing all quotas in recruiting civil service employees.
